Domestic Violence/ Violation of Orders of Protection/ Criminal Obstruction of Breathing/ Assault/ Criminal Contempt
When the police respond to a domestic incident in progress they are in what is called a “mandatory arrest” situation. They do not have the discretion to make a judgement call and very often the result is a bad arrest and prosecution. This change was made years ago to protect women from domestic violence, today it often results in absurd arrests.
You need an experienced attorney who understands the value (or lack thereof) of the case and knows how to get cases dismissed. Having a female attorney may be an asset in your defense especially in front of a jury.
Cases charged under the various sections of New York Penal Law 120 or Penal Law 215 are serious. These criminal charges can result in criminal records, problems with obtaining or attending work, you can be displaced from your home, you can even be sent to jail. You need an experienced criminal defense attorney who can be there at your arraignment.
If you have been wrongfully arrested for a case that is deemed domestic violence as per the NYPDs definition an Order of Protection will be issued automatically at arraignments, unless your lawyer asks, you will not even be permitted to get you necessities from your home.
I have handled hundreds of these cases and I have the experience to know which cases I can get dismissed. Failure to hire an experienced attorney may result in a full stay away Order preventing you from entering your home for years.
If an Order of Protection has been Issued against you, and you have violated that court Order you can get up to seven years in jail. If there is an Order of Protection in effect, you can not contact the person whom the Order is intended to protect directly, via a third party, through social media, or through any other electronic means. If you are not a United States Citizen a criminal conviction for any of these offenses can result in deportation or denial of citizenship.
Criminal Obstruction of Breathing PL 121.11 is a very serious charge. The People of the State of New York (the Prosecutor) handles these cases carefully. This law is relatively new and is politically charged. Criminal Obstruction of Breathing can be charged as a felony.
It is possible to beat these charges, but your have the best chances with an experienced lawyer. A female lawyer may be an asset in these cases, call me today.
- PL 120.00 Assault in the Third Degree,
- PL 120.05 Assault in the Second Degree,
- PL 120.10 Assault in the First Degree,
- PL120.14 Menacing in the Second Degree, Menacing in the First Degree,
- PL 121.11 Criminal Obstruction of Breathing,
- PL120.16 Hazing in the First Degree,
- PL215.50 Criminal Contempt in the Second Degree,
- PL215.51 Criminal Contempt in the First degree.